BILL ANALYSIS

 

 

Senate Research Center

H.B. 3860

88R12029 AJZ-D

By: Goldman (Springer)

 

Local Government

 

5/15/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Automobile dealers are allowed to be deputized by county tax assessor-collectors so that they can facilitate and install metal licenses plates on cars at their places of business. Once the plates are distributed from the assessor-collector to the dealer, the dealer has control over the plates; however, liability for the plates' misuse remains with the assessor-collector. This becomes problematic if a dealer misuses or mishandles a license plate. If a dealer illegally sells a license plate, the assessor-collector is liable, even though the crime was committed by the dealer. The bill shifts this liability from the assessor-collector to the dealer.

 

H.B. 3860 amends current law relating to the liability of county tax assessor-collectors for certain acts of deputies.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 520, Transportation Code, by adding Section 520.0072, as follows:

 

Sec. 520.0072. LIABILITY OF COUNTY TAX ASSESSOR-COLLECTOR FOR CERTAIN ACTS OF DEPUTIES. Prohibits a county tax assessor-collector, notwithstanding any other law, from being held liable for an offense or damages arising from the misuse of license plates or other fraudulent activity related to vehicle registration and titling by an individual or business entity deputized by the county tax assessor-collector to perform titling services in accordance with rules adopted under Section 520.0071(a) (relating to requiring the board of the Texas Department of Motor Vehicles to prescribe certain requirements for deputies).

 

SECTION 2. (a) and (b) Makes application of the changes in law made by this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.